e-mail-service-2021-08-26-22-39-49-utc

SCOTUS to Clarify Standard for Determining Whether True Threat Exception Applies

The U.S. Supreme Court recently granted certiorari in Counterman v. Colorado, which involves the standard for determining when statements are “true threats” that are not protected by the First Amendment. The justices previously agreed to address the issue in Elonis v. United States, 575 U.S. 723 (2015), but ultimately decided the case before reaching the constitutional issue.